现代英国家事案件审判体制的变迁及其启示

英国家事案件审判体制的变革顺应了社会发展,反映了民众呼声,从最初由宗教法院审理离婚案件发展到20世纪末建立完整的三级家事案件审判体制,即家事程序法院——治安法院中由家庭问题专家开庭审理案件;郡法院;高等法院家事法庭。英国家事案件审判体制变迁的司法理念包括建立专门的家事法庭;设立专门的保护儿童权利的机构;重视和解和调解工作。对我国未来司法体系变革的启示是：建立专门的家事合议庭;建立配套的儿童保护机构;完善家事纠纷中的法院调解。     

Family Group Conferencing and Re‐Offending Among First‐Time Juvenile Offenders: The Indianapolis Experiment

Restorative justice processes, and family group conferences in particular, have become increasingly common in justice system practices across the globe. There has also been significant scholarly interest. Yet, with several notable exceptions, much of the research has been characterized by relatively weak designs, and questions related to the impact of family group conferences on re‐offending remain unanswered. This research is intended to begin to address these issues. The study is based on an experiment conducted in Indianapolis, Indiana whereby young, first‐time‐offending youths were randomly assigned to either a family group conference or one of a number of court‐ordered diversion programs. Nearly 800 youths participated in the experiment, and the cases were tracked for 24 months following their initial arrest. Survival analysis techniques were used to compare prevalence patterns of re‐offending among the treatment and control groups. The results indicated a significant difference between the two groups with the control group experiencing higher rates of failure (re‐offending). The differences were most pronounced during the period of 3–8 months following the initial arrest. Incidence rates were also compared. Assignment to the treatment group was negatively related to incidence of offending. Given the consistent finding of victim benefits in restorative justice processes, the results suggest that conferences hold promise as an effective intervention, at least for young first‐time offenders, and warrant continued experimentation.     

台湾外省第二代家族书写研究

近年,台湾的认同问题越发引起关注。面对父辈的衰弱与消亡,外省第二代作家张大春、骆以军、陈玉慧等纷纷介入家族小说的创作,企图以文字为"我族"保存记忆与建构认同。他们有着相似的关怀与焦虑,但外省族群内部并非铁板一块。本文旨在厘清外省第二代作家近期小说中的家国想象与族群建构,同时论述空间地景与文化记忆所彰显的多音交叠的差异性认同取向。     

利用RASSF1A位点检测母体血浆中胎儿SNP分型

目的探讨利用母体血浆中高甲基化RASSF1A位点进行胎儿SNP分型的应用价值。方法随机收集10个未孕健康妇女和45例不同孕期（早期5例、中期20例、晚期20例）孕妇的血样本及相应胎儿组织（绒毛组织、羊水、胎盘组织）;利用甲基化敏感限制性内切酶BstUI酶切后进行PCR,产物进行血细胞、血浆和胎儿组织（绒毛或胎盘）DNA RASSF1A序列的甲基化模式检测,并采用直接测序法对SNP rs4688725位点进行分型。结果经BstUI酶消化,RASSF1A序列在母体血细胞中均未检出,而在绒毛或胎盘组织中均能检出;在45名孕妇血浆中,RASSF1A序列均能被检出,且序列内的SNP分型与相应胎儿组织一致;在10名非孕妇女血浆中均未检出RASSF1A序列。结论母体和胎儿DNA中RASSF1A基因启动子区域的甲基化模式存在差异,可用于对母体血浆中的游离胎儿DNA进行SNP分型。     

Hearing parties' voices in Coordinated Family Dispute Resolution (CFDR): An Australian pilot of a family mediation model designed for matters involving a history of domestic violence

This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian government's failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children.     

Cohabitation,female sacrifice,and judge-made law

This paper shares results of a study of judgments applying the common law as adapted to the cohabitation context. Specifically, the Supreme Court of Canada has held that couples who formed a ‘joint family venture’ may need to share the wealth gained during cohabitation. The study compares the couples leading to positive and negative findings of a joint family venture. Positive findings correlate with traditional markers of family and economic integration, such as joint bank accounts and the presence of children. Despite the discourse of family diversity, gendered patterns run across all the couples, with women assuming primary care of children, shouldering domestic labour, and making career sacrifices for the family. In a sign of the limits of judge-made reforms, the doctrine may be harder for some claimants to access than for others, in ways not necessarily tracking commitment and economic integration.     

U.S. child custody outcomes in cases involving parental alienation and abuse allegations: what do the data show?

ABSTRACT

Family court and abuse professionals have long been polarized over the use of parental alienation claims to discredit a mother alleging that the father has been abusive or is unsafe for the children. This paper reports the findings from an empirical study of ten years of U.S. cases involving abuse and alienation claims. The findings confirm that mothers’ claims of abuse, especially child physical or sexual abuse, increase their risk of losing custody, and that fathers’ cross-claims of alienation virtually double that risk. Alienation’s impact is gender-specific; fathers alleging mothers are abusive are not similarly undermined when mothers cross-claim alienation. In non-abuse cases, however, the data suggest that alienation has a more gender-neutral impact. These nuanced findings may help abuse and alienation professionals find some common ground.     

Peace in the Family is the Basis of Peace in the Country: How Women Contribute to Local Peace in Southern Kyrgyzstan

ABSTRACT

There has been a significant amount of research on peacebuilding in Central Asia in general and in Kyrgyzstan in particular. This has helped us both understand socio-political processes in the republic itself, and the shortcomings of the liberal peacebuilding framework in general. However, this work has, with rare exceptions, focused largely on male peacebuilding at either the state or international scale. Correcting that trend, this article illuminates the role of women peacebuilders in the post-conflict city of Osh. Based on ethnographic research conducted in 2016, it argues that women have a hitherto overlooked but nonetheless important ‘invisible’ role in peacebuilding.     

‘Our normal is different’: autistic adults’ experiences of the family courts

ABSTRACT

This article reports the findings of a small-scale qualitative study exploring the experiences of autistic adults who have had experience of the family justice system. While participants related some positive elements to their experiences, in particular with regard to the willingness of professionals to try to learn more about their clients’ needs, the overall picture showed significant concerns. The reports given showed significant misunderstandings about autism, and a system which struggled to make appropriate adjustments which would allow autistic court users to have access to justice on an equivalent basis to non-autistic litigants. This situation stands in contrast to the position regarding other disabilities in the Family Justice System, but also to the relatively greater level of provision for autistic people within the Criminal Justice System. Based on participants’ experiences and existing good practice in other areas, we make recommendations that could be adopted by the Family Court and practitioners.     

From asset to patrimony: the re-emergence of the housing question

Abstract

The global financial crisis has ushered in a major housing crisis in many European countries. The paper seeks to shed light on why, despite massive housing crises, there are few policy efforts at tackling it. Probing into the policy paradigms that have informed housing policies, the paper demonstrates a shift towards housing as an asset before the crisis. Increasingly, housing policies have become interwoven with financial markets. This has led to a major policy mismatch after the crisis: while the return of the ‘housing question’ would have required renewed efforts at establishing housing as a social right, de facto policy makers sought to stabilise financial markets. The result is a paradoxical outcome, where neoliberal market-driven programmes are embedded in increased dependence on family wealth. The article demonstrates the shift from housing as asset to housing as patrimony in three different varieties of residential regimes, represented by Ireland, Denmark and Hungary.